Patna High Court
Aditya KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to both petitioners upon the condition of furnishing a bond and sureties.
Summary
The petitioners, Aditya Kumar and Satish Kumar, were arrested in connection with the seizure of 103.68 litres of illicit foreign liquor from a car registered in their grandfather's name. They claimed they had no involvement in the offence, argued that the police failed to comply with Section 105 of the B.N.S.S. during the seizure, and alleged they were coerced into being witnesses. The State opposed bail, highlighting the petitioners' prior criminal antecedents (three and four cases respectively). After hearing both sides, the Court found the bail application justified despite the antecedents. The Court ordered that each petitioner be released on regular bail upon furnishing a bond of Rs 10,000 with two sureties, subject to the satisfaction of the 3rd Exclusive Special Excise Court, Saran.
Issues considered
- Whether the petitioners are entitled to regular bail despite prior criminal antecedents.
- Whether the seizure of the liquor complied with procedural requirements under Section 105 of the B.N.S.S.
- Whether the allegations of coercion and false implication affect the bail decision.
Legislation cited
- B.N.S.S. — s. 105
Subjects
- bail
- excise law
- illicit liquor
- seizure procedure
- Section 105
- criminal antecedent
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27425 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- Excise P.S. District- Saran
======================================================
1. Aditya Kumar, S/o Late Munna Kumar Singh, Resident of Village- Rewa,
Ward No.12, Police Station- Saraiya, District- Muzaffarpur
2. Satish Kumar @ Birbhajan @ Satya Kumar, S/o Rameshwar Singh,
Resident of Village- Rewa, Ward No.12, Police Station- Saraiya, District-
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr. Rajesh Kumar Singh, Advocate
For the Opposite Party/s : Mr.Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under Sections 30(a)
and 32(3) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short, is that from a
car, altogether 103.680 liters of illicit foreign liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. Learned counsel for the petitioners has submitted that
petitioners are not concerned in any way with the car. The car is in
Patna High Court CR. MISC. No.27425 of 2026(2) dt.04-05-2026
2/2
the name of grandfather of the petitioner no.1. It has further been
submitted that the seizure list witnesses are police personnel.
Police has not complied Section 105 of the B.N.S.S. while making
the seizure. It has further been submitted that the petitioners were
forced by the police to become witness in a case to which they
denied, that is why they framed in this case. They are languishing
in judicial custody since 30.01.2026.
5. Learned APP for the State has vehemently opposed
the prayer for bail and has submitted that petitioner no. 1 having
criminal antecedent of three cases whereas petitioner no.2 is
having criminal antecedent of four cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Court of 3rd Exclusive Special Excise Court, Saran at Chapra in
connection with Sadar Excise P.S. Case No.23 of 2026.
(Ashok Kumar Pandey, J)
lata/-
U T
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